TN 3 (11-88)
GN 04020.080 Unrestricted Reopening - Clerical Error or Error on the face of the Evidence
A. Policy Principle
A final determination or decision unfavorable in whole or in part to the claimant may be reopened at any time when it is based on clerical error or error on the face of the evidence. (A determination or decision is unfavorable where benefits are denied, benefits are awarded in a lesser amount, deductions are imposed, etc.)
B. Operating Policy
Some determinations and decisions have a dual effect. An incorrect finding as to date of birth might give greater retroactivity but result in a lower benefit amount. An incorrect determination as to amount of SEI might give a lower benefit amount but result in fewer deductions.
C. Operating Procedure
In such cases, the determination or decision should be reopened only where the net effect of the reopening would be favorable to the claimant. Ultimately, the sum total effect of the reopening must be favorable to the claimant, i.e., give him or her something he or she did not have before the reopening. Reviewers should make sure this is what happens. Therefore, before reopening any determination or decision under this rule, the effect of such reopening must be analyzed carefully.
See GN 04010.010 and GN 04010.020 for an explanation of clerical error and error on the face of the evidence and for reopening when clerical error or error on the face is favorable to claimant. GN 04010.010 also explains unlimited reopening for administrative error. Also, see RS 00601.010 for the tolerance rule which should be applied before reopening and revising computations of benefit amount.